Sat.Feb 19, 2022 - Fri.Feb 25, 2022

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The Nightmare Plagiarism Scenario Comes True

Plagiarism Today

A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.

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The Time I Got a Negative Review

Erik K Pelton

The following is a transcript of my video The Time I Got a Negative Review. Our topic : the only time I’ve received a negative review online. And it’s still up there. I have not contested, or taken it down, because it is true that this client did not receive approval for their trademark application. Because many filers of trademark applications do not receive approval from the USPTO.

Trademark 147
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Iconic Game Cracking Group CODEX Shuts Down

TorrentFreak

From the day the first computer and video games were published, people have been able to pirate them. In the early days that involved copying cassettes and floppy disks and today most unauthorized copying takes place over the Internet. Over the past decades, a subset of gaming fans have united in Scene groups to ensure a steady stream of cracked games, i.e those that have had their protections removed.

Copying 145
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Thaler Loses AI-Authorship Fight at U.S. Copyright Office

IP Watchdog

In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Established by regulation in 1995, the Review Board is responsible for hearing final administrative appeals following two opportunities for a claimant to appeal copyright r

Copyright 145
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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What the Supreme Court Unicolors’ Ruling Means

Plagiarism Today

Today, the United States Supreme Court handed down what will likely be one of the most important copyright verdicts in some time as it ruled 6-3 in favor of Unicolors in their long-running dispute against H&M. The dispute centers around a series of alleged infringements by H&M. According to the lawsuit, Unicolors created and registered a copyright in a pattern that H&M used when creating multiple products.

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Defending Design Patents

Patently-O

Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.

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How ‘Public’ is the Public Domain? Winnie-the-Pooh Illustrates Copyright Limitations of Public Domain Works

IP Watchdog

You may have heard that on January 1, 2022, Winnie-the-Pooh and the other characters from the Hundred Acre Wood are now in the public domain. But did you know that not all of Christopher Robin’s friends are treated the same in the eyes of copyright law? The characters have multiple authors, including A.A. Milne who first published Winnie-the-Pooh in 1926, and The Walt Disney Company, which brought the stories to the screen.

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3 Count: AI Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The US Copyright Office Says an AI Can’t Copyright its Art. First off today, Adi Robertson at The Verge reports that the U.S. Copyright Office has declined to register the copyright of an AI-created image that it says did not include an element of “human authorship.” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S.

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Telecom patents prompt EU legal challenge against China at the WTO

The IPKat

This Kat dreams (or has nightmares) of anti-suit injunctions The EU is eager to promote innovation and growth in a digital age, but whose? This is the question one might reasonably ask on learning of the EU's launch of a complaint at the WTO against China last Friday, 18 February 2022. The substance of the complaint is the allegation that Chinese courts are obstacles to European companies' legitimate enforcement of telecom patents on technologies such as 3G, 4G, and 5G through the use of anti-su

Patent 128
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Google Punishes Pre-Release Piracy Sites Harder in Search Results

TorrentFreak

Roughly 25 years ago, Google started its business as a simple and straightforward search engine. The startup swiftly captured a dominant market share and branched out into other businesses, including online advertising and video streaming. Google is a leading player in all of these markets today. This brings in a yearly revenues of hundreds of billions of dollars, an amount that continues to go up at a rapid pace.

Copyright 144
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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APPLE JAZZ Mark Owner Hits Back at TTAB for Suspending Cancellation Case Against Apple

IP Watchdog

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S. Court of Appeals for the Federal Circuit (CAFC) requesting that he be allowed to present evidence not of record to demonstrate that bias at the TTAB may have had a negative impact on his opp

Music 126
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3 Count: Second Bite

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What? First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name.

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Intellectual Property (IP) Challenges Faced in the Digital Economy

Kashishipr

In the present emerging digital economy, innovators keep coming up with new ideas for the manufacturing sector with the potential to change and evolve the already existing ways of working and discover new ones. The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated.

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Hollywood Wins Pirate Site Blocking Expansion in Australia

TorrentFreak

Pirate site blockades are the preferred anti-piracy tool for many copyright holders around the world. This is also the case in Australia, where blocking injunctions are commonplace today. This week, a group of prominent Hollywood studios, Netflix, and Village Roadshow, obtained the latest blocking order in Australia’s Federal Court. Fresh Blocking Order.

Copyright 141
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GIPC’s Tenth International IP Index: Reasons to Be Hopeful, But More Work to Do

IP Watchdog

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) today revealed its 2022 International IP Index, “Compete for Tomorrow,” which is now in its tenth edition. Last year, the report focused on the role of effective intellectual property (IP) frameworks in helping economies to combat and recover from the COVID-19 pandemic and identified several emerging economies that had made significant improvements.

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Scientific Podcasts We Follow

Velocity of Content

In the course of our work here at CCC, and due to our own personal hunger for knowledge, we try to keep up — at least on a basic, laypersons’ level —on top-notch scientific information. And, like many other people, we find podcasts are an efficient and effective means of keeping up on science topics of interest. My commute time ( or occasional mid-afternoon power nap ) is almost completely allocated to listening to podcasts – radio content on demand and on my schedule.

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NLUJ-CIPS Inter College IP Research Essay Writing Competition 2022 [Submit by March 10]

SpicyIP

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The deadline for submissions is 10th March, 2022.

IP 114
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Sci-Hub Blocking: Court Denies Researchers’ Application to Intervene

TorrentFreak

By providing a massive library of scientific and academic publications for free, Sci-Hub and Libgen have achieved a somewhat unique status in the ‘pirate’ market. On the one hand, the platforms freely spread knowledge and education, two of the most valuable commodities for those seeking a more enlightened and progressive global community.

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Original Claims to Award-Winning Wireless Mic Tech Found Obvious at CAFC, But Narrowed Claims Upheld

IP Watchdog

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed with the Patent Trial and Appeal Board’s (PTAB’s) decision that the original claims of Zaxcom’s U.S. Patent No. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious. However, the court upheld the substitute claims Zaxcom had proposed.

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Wild, Wild Web3: The Blockchain Domain Gold Rush Is Well Underway – Brands Should Act Now To Secure Their Web3 Domains 

JD Supra Law

The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. While blockchain enthusiasts hail this lack of centralization as representing a new chapter of freedom and individual empowerment, the punchline for brands is that the absence of adjudicating bodies and authorities also brings an abundance of uncertainty, risk, and discomfort.

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Filling Blank Space: Policeman Obscures Accountability with Taylor Swift

IPilogue

Photo by Charles Fair ( Unsplash ). Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Over the past few years, there has been a rise of copyright strikes purporting to moderate infringing content on YouTube. Although this may protect copyright holders such as musicians and artists, its potential for misuse can frustrate efforts to hold people and institutions accountable , as is the case here.

Fair Use 105
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ResearchGate Wins (& Loses) Scientific Publishers’ Copyright Lawsuit

TorrentFreak

ResearchGate is a social networking site aimed at the academic community. Its users, which currently number around 20 million, are able to upload content to the platform, which at times includes published research papers. In September 2017 the International Association of Scientific, Technical, and Medical Publishers (STM) wrote to ResearchGate on behalf of 140 publishers.

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Victory for Unicolors as SCOTUS Rules Innocent Mistakes of Law Can’t Invalidate Copyright Registration

IP Watchdog

In a 6-3 decision today, the U.S. Supreme Court held that Section 411(b) of the U.S. Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc. petitioned the Court in January of last year, asking whether the Ninth Circuit erred in determining that Section 411 required referral to the Copyright Office

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Harvard/Yale/Stanford Junior Faculty Forum, June 2022: call for papers

43(B)log

Request for Submissions Harvard/Yale/Stanford Junior Faculty Forum June 9-10, 2022, Harvard Law School Harvard, Yale, and Stanford Law Schools are soliciting submissions for the 22nd session of the Harvard/Yale/Stanford Junior Faculty Forum, to be held at Harvard Law School on June 9-10, 2022. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a double-blind selection process, to present their work at the Forum.

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My IP Intensive Internship at ventureLAB

IPilogue

Madelaine Lynch is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. I am extremely grateful for the 10 short weeks I got to spend (virtually) at ventureLAB. ventureLAB is not-for-profit technology hub in York Region which is not only an amazing resource for tech companies, but also an amazing place to work. ventureLAB works with start-ups from the early to l

IP 105
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Hollywood: PrimeWire Pirate Streaming Site is Defying Court Injunction

TorrentFreak

PrimeWire is a popular streaming portal that provides a database of links to pirated movies and TV shows hosted by third parties. It’s been around for at least eight years but in December 2021 it became clear that major movie and TV show companies had seen enough. In a lawsuit filed by Paramount, Universal, Warner, Columbia, Disney and Netflix in the United States, the studios accused PrimeWire of massive copyright infringement by encouraging users of the site to upload links to pirated co

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Other Barks & Bites for Friday, February 25: Tillis Urges Becerra to Resist Calls to Use March-In Rights, EGC Says ‘ANDORRA’ Geographical Indication Not Trademark, SCOTUS Invites Solicitor General’s Views in Apple v. Qualcomm

IP Watchdog

This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the

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National Black History Month: Honoring a Century of Excellence in Data Collection and Use

U.S. Department of Commerce

National Black History Month: Honoring a Century of Excellence in Data Collection and Use. February 23, 2022. KCPullen@doc.gov. Wed, 02/23/2022 - 17:18. For more than 100 years, African American leaders in the Department of Commerce have been making significant, innovative contributions to our collection of data to help us better understand our country and our world.

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DMCA, Twitch, and “Death Note”

IPilogue

Photo by Roberto Nickson ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. For those unfamiliar, Twitch is a live-streaming platform where content creators (i.e., streamers) broadcast themselves to an audience doing almost anything including playing video games, cooking, making music, performing

Music 102
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Peru Teams Up With IFPI to Fight Online Music Piracy

TorrentFreak

Every year the US Trade Representative publishes a new update of its Special 301 Report , highlighting countries that fail to live up to U.S copyright protection standards. The annual overview is meant to motivate foreign governments to improve policy and legislation in favor of US copyright holders. This year’s list will be published in a few weeks.

Music 132
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Patent Filings Roundup: All Nokia Phones Banned in Germany over Fortress Claims; IPR Proceeds over Arigna’s ITC Fintiv Arguments; Hashicorp Unloads on IP Edge Sub Invincible; PacSec Throws Up a Hail Mary

IP Watchdog

It was a typical week in terms of overall patent filing numbers, with 31 Patent Trial and Appeal Board (PTAB) filings, 56 district court complaints, and some 50-odd terminations; continued filings of inter partes reviews (IPRs) against Ericsson by Apple in their sprawling 5G fight; a Raymond Anthony Joao sub brought a 33-patent complaint (mostly expired) on shipping tracking; Fortress entities were on the receiving end of a few IPRs; and in Europe, a Fortress entity secured an injunction against

Patent 105
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PTAB Statistics Through Four Months of FY2022

JD Supra Law

The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year.

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BREAKING: Biden Nominates Judge Ketanji Brown Jackson To Supreme Court

IP Law 360

President Joe Biden nominated D.C. Circuit Judge Ketanji Brown Jackson to replace Justice Stephen Breyer on the Supreme Court on Friday, choosing a recently elevated federal trial court judge to potentially become the first Black female justice in the court's 232-year history.

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Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?

TorrentFreak

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. Since cracking down on the former is all but impossible, Watch Tower keeps an eye out for people who criticize the religion by leveraging its own copyrighted material, such as videos or songs, against it.

Fair Use 114
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Fair Use Week: A Salute (of sorts) to Lenz v. UMG

The Illusion of More

Well, here we are again. Fair Use Week. Ninth annual. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. The post Fair Use Week: A Salute (of sorts) to Lenz v.